57. Case accompanying application.
(1) Where in the case of an application in Form TM 14 or Form TM
15 the person applying for registration of title does not claim under any
document or instrument which is capable in itself of furnishing proof of
the title, that person shall, unless the registrar otherwise directs, either
upon or with the application, state a case setting forth the full particulars
of the facts upon which the claim to be proprietor of the trademark is
based, and showing that the trademark has been assigned or transmitted
to him or her.
(2) If the registrar so requires, the case shall be verified by a
statutory declaration in Form TM 16.
58. Proof of title.
The registrar may call on any person who applies to be registered as
proprietor of a registered trademark for proof or additional proof of title
as the registrar may require for his or her satisfaction.
59. Application for entry of assignment without goodwill.
(1) An application relating to an assignment of a trademark in
respect of any goods or services shall state—
(a) whether the trademark was, at the time of the assignment, used
in a business in any of those goods or services; and
(b) whether the assignment was made otherwise than in connection
with the goodwill of that business.
(2) If both the circumstances under sub regulation (1) exist, the
applicant shall furnish the registrar with evidence that the applicant has
complied with the directions of the registrar issued under section 31(8)
and regulation 62.
(3) If the registrar is not satisfied that the directions have been
fulfilled, the registrar shall not proceed with the application.
2014